'Provocative' song row: SC questions Gujarat Police over FIR against Congress MP
New Delhi, Feb 10 (PTI): The Supreme Court on Monday questioned the Gujarat Police over an FIR against Congress MP Imran Pratapgarhi for allegedly posting an edited video of a provocative song.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said the Gujarat High Court, which junked Pratapgarhi's petition to quash FIR, did not appreciate the meaning of the poem.
"It's ultimately a poem. It is not against any religion. This poem indirectly says even if somebody indulges in violence, we will not indulge in violence. That's the message which the poem gives. It is not against any particular community," the bench said.
Senior advocate Kapil Sibal, appearing for Pratapgarhi, said the high court order was bad in law as the judge did "violence" to the law.
The top court deferred the matter for three weeks after the state's counsel sought time to file a response.
The bench asked the counsel to "apply mind" and come back to the court.
The apex court on January 21 stayed proceedings against Pratapgarhi in a case against him for allegedly posting an edited video of a provocative song and issued notice to the Gujarat government and complainant Kishanbhai Deepakbhai Nanda on his appeal.
The Congress leader challenged the January 17 order of the Gujarat High Court which dismissed his petition for quashing the FIR filed against him saying the investigation was at a very nascent stage.
Pratapgarhi was booked on January 3 for the alleged provocative song during a mass marriage function he attended in Gujarat's Jamnagar.
Pratapgarhi, national chairman of the Congress' minority cell, was booked, among others, under Section 196 (promoting enmity between different groups on the basis of religion, race, etc.) and 197 (imputations, assertions prejudicial to national integration) of Bharatiya Nyaya Sanhita.
The 46-second video clip, uploaded by Pratapgarhi on X, showed flower petals being showered at him as he walks waving his hands with a background song, the lyrics of which the FIR alleged were provocative, detrimental to national unity and hurting religious feelings.
In his plea to quash and set aside the FIR, he claimed the poem being recited in the background carried "a message of love and non-violence".
Pratapgarhi said the FIR was used as a tool to harass him and lodged with a "malicious intent and malafide motives".
Claiming his social media post did not in any way provoke enmity between groups and no case was made out, Pratapgarhi said he was being implicated due to his association with Congress.
"The FIR is based on frivolous and unsubstantiated grounds. A bare perusal of the FIR reveals that certain words were being taken out of the context," his plea argued.
Public prosecutor Hardik Dave opposed the plea saying the words of the poem clearly indicate the rage to be raised against the throne of the state.
Dave said though a notice was issued on January 4 asking Pratapgarhi to remain present on January 11, he was not available and another notice was issued on January 15.
The Gujarat High Court on January 17 referred to the material of the prosecution and said after the post on social media, the response received from the various persons of the community indicated the repercussion was "very serious" and certainly disturbing to the social harmony of the society.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
